There have been significant developments regarding LGBT rights. The most notable event for the LGBT families is the legalization of gay marriages across the country in 2015. In spite of this landmark declaration, there are still some elements of heterosexual marriage that are not enjoyed by gay couples. This means that LGBT families may experience some challenges with regards to some aspects of family law. This is where you need the services of an experienced Queens gay LGBT family law lawyers. These are individuals that are knowledgeable in the particular field of law and can work to providing you the services you need. One of the areas you may need their representation is helping the same sex couples plan for their estate. Now that the LGBT couples can get married, they need to plan for succession so that their significant others inherit their property.
Create a Will
As a gay person, this does not preclude you from writing a will. LGBT couples should not neglect writing a will naming each other and their children as beneficiaries. This helps explain their wishes in the eventuality that one partner dies before the other. Family law respects wills since they document what should be done with the property after death. The bereaved spouse will not have to spend large amounts of money on probate, and your wishes will be fulfilled. Interstate succession laws can be complicated, and they often result to great chunks of the property going to third parties such as the government. Without a will, it may even be possible for disenfranchised relatives to claim property that you and your late partner had before his or her death. This is especially the case if you two were not married. There is no reason why relatives who disowned you after you came out should inherit your property after you die just because you neglected to write a will in favor of your partner. If you have children, you can also lay out conditions for the guardianship of your kids if you have any.
When two people are in love, a prenuptial agreement can seem to be a nuisance. It can appear to indicate that one party does not trust the other with regards to property. However, any lawyer worth his salt will tell you that this is a most important document. It helps to lay out how property may be shared in the aftermath of a separation. While it may not seem appropriate to be considering divorce just as you are about to get married, it can help save a lot of headaches later. As such, please consider approaching the topic delicately with your partner. If he or she has the best intentions, signing a prenuptial agreement should not be difficult. In fact, you can negotiate on what the prenuptial agreement should state. This ensures that in case there is a break up then it is amicable.
You should consider planning for your retirement early on. If one partner passes on at some point, all the authorities need is proof of marriage. Now that the law recognizes gay marriage, this should not be hard to do. However, you might still need some legal advice to ensure that the succession is carried out smoothly. Thus, you can invest in qualified retirement plans like the 401(k)s so as to be the primary beneficiary. You can also get roll over protection when it comes to IRAs if your partner has named you as the recipient. The rollover right allows the beneficiary to roll the IRA of the deceased partner on their own without having to liquidate the account or ask for distributions. This improves the control that the surviving partner has over the IRAs.
Additional Estate Planning Documents
In addition to the will, you should also consider creating documents establishing a healthcare proxy, power of attorney, and a living will. The healthcare proxy lays out the individual responsible for making medical decisions should you become incapacitated. A power of attorney is related to a health proxy, but it relates to financial issues. A living will express whether you may want to be resuscitated or kept on life support in case medical professionals determine you may not recover.
If you are in Queens New York and in need of a family lawyer specializing in LGBT law, you need someone that is knowledgeable in addition to being friendly. The attorney should know the potential pitfalls involved and how they can be avoided. In this manner, you can be sure that you will get the best service possible. The lawyer should have an understanding that LGBT couples face more difficulties in estate planning as compared to heterosexual couples. Thus, there is a need to ensure that a professional with the right experience gives you advice.